Exemption to EVALUATE, TEST AND DEMONSTRATE THESE SYSTEMS, AS WELL AS TO CONDUCT SURVEYING AND MAPPING, INDUSTRIAL-SITE INSPECTION AND MONITORING, AND OTHER COMMERCIAL SERVICES USING SUCH PRODUCTS

Sample Restrictions for Exemption to EVALUATE, TEST AND DEMONSTRATE THESE SYSTEMS, AS WELL AS TO CONDUCT SURVEYING AND MAPPING, INDUSTRIAL-SITE INSPECTION AND MONITORING, AND OTHER COMMERCIAL SERVICES USING SUCH PRODUCTS

1. Operations authorized by this grant of exemption include any unmanned aircraft system (UAS), along with the approved maximum take-off weight (MTOW), which includes payload, for the respective UAS identified on the List of Approved UAS under Section 44807 at Regulatory Docket No. FAA-2023-1271 at www.regulations.gov, when weighing 55 pounds (lbs.) or greater including payload. Proposed operations of any aircraft not on the list, or at different weights than currently approved, will require a new petition or a petition to amend this exemption.
2. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The Operator must follow the procedures as outlined in its operating documents. The documents listed in Appendix 1 of this grant operations manual, training manual, maintenance manual, the applicable Federal Communications Commission (FCC) license, and a copy of this exemption must be accessible to the PIC at the ground control station during all UAS operations that occur under this exemption. They must be made available to the Administrator upon request. Where a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in any of the aforementioned documents, the most restrictive provision must be followed.
   3. The Operator may update or revise its operating documents. It is the Operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The Operator must also present the most current documents if petitioning for extension of or amendment to this grant of exemption. If the Operator determines that any update or revision would affect the Operator’s ability to comply with any requirement of this exemption, then the Operator must petition for an amendment to its grant of exemption. If questions arise regarding updates or revisions to the operating documents, the Operator may contact the Flight Standards Service, Emerging Technologies Division, General Aviation & Commercial Branch (AFS-750), 800 Independence Ave. SW, Washington, DC 20591. Telephone: 202-267-1100, Email: [email protected]
   4. All operations that occur pursuant to this exemption must be conducted in accordance with an Air Traffic Organization (ATO)-issued Certificate of Waiver or Authorization (COA). The Operator must apply for a new or amended COA if it intends to conduct operations that the terms of the COA do not permit. If a conflict between the COA and this condition exists, the more restrictive provision will apply. In the absence of any express altitude restrictions in a COA or any other document the FAA provides that applies to operations under this exemption, the maximum altitude shall be 400 feet (ft.) above ground level (AGL). Altitude must be reported in feet AGL.
   5. The Operator must follow the original equipment manufacturers (OEM) operating limitations, maintenance, service bulletins, overhaul, replacement, inspection, and life limit requirements for the UAS and its components as well as operator supplemental manuals. Each UAS operated under this exemption must comply with all OEM service bulletins.
   6. Maintenance must be performed by qualified individuals who have been trained by the manufacturer in proper techniques and procedures for these UAS and all maintenance must be recorded in the aircraft records including a brief description of the work performed, date of completion and the name of the person performing the work.
   7. Any maintenance or alterations that affect the UAS operation or flight characteristics, such as replacement of a flight critical component, must undergo a functional operational check test flight prior to conducting further operations under this exemption. Functional operational check flights must be conducted in visual line of sight by a PIC and other personnel required to conduct the functional operational check test (such as a mechanic or technician) and must remain at least 500 feet from all other people. The functional operational check flight must be conducted in such a manner to not pose an undue hazard to persons and property. The Operator must permit the FAA Administrator and his representative to observe functional test flights upon the request.
   8. The PIC must hold a valid remote pilot certificate with a small UAS rating issued under Part 107 and be in compliance with 14 CFR 107.65, Aeronautical knowledge recency.
   9. Knowledge Test Requirements. Each PIC operating under the provisions of this exemption must have passed within the previous 24 calendar months either a sport, recreational, or private pilot FAA airman knowledge test before acting as PIC. This requirement does not apply to a PIC who holds any Part 61 pilot certificate (other than a student pilot certificate) and meets the flight review requirements of 14 CFR § 61.56.
   10. The PIC must hold at least a current FAA third-class airman medical certificate. The PIC may not conduct the operation if the PIC knows or has reason to know of any medical condition that would make the pilot unable to meet the requirements for at least a third-class medical certificate or is taking medicine or receiving treatment for a medical condition that results in the pilot being unable to meet the requirements for at least a third-class medical certificate.
   11. The PIC and VOs must be qualified in accordance with the Operator’s training program. The PIC and VO must remain current and qualified before conducting operations under this exemption.
   12. All training operations must be conducted only during dedicated training sessions for the petitioner’s employees and must be conducted in accordance with the operating training program described in operator’s training program.
   13. The Operator must ensure that the PIC can satisfactorily make evasive and emergency maneuvers and maintain appropriate distances from persons, vessels, vehicles and structures before operating non-training, proficiency, or experience-building flights under this exemption.
   14. The VO or any other direct participant may not participate in the operation if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of the aircraft.
   15. VOs must have adequate visual abilities to be able to see the UA clearly, recognize terrain, obstructions, see and avoid aerial or ground hazards and other aircraft without undue hesitation. The VOs must be able to establish and maintain by unaided vision, except vision that is corrected by the use of corrective lenses to maintain a normal field of vision allowing them to see all potential hazards without hesitation.
   16. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the aircraft is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, such as inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed, and the aircraft is found to be in a condition for safe flight.
   17. The PIC is prohibited from beginning a flight unless, considering wind and forecast weather conditions, there is enough available power for the UA to conduct the intended operation with sufficient reserves such that the PIC can land the UA without posing an undue risk to aircraft or people and property on the ground, or the reserve power recommended by the manufacturer, if greater, is satisfied.
   18. The UA must remain within the visual line of sight (VLOS) of the PIC. VLOS means the PIC must be able to, with natural unaided vision except for corrective lenses, see the UA and determine its orientation, height above the surface, and direction of flight. The UA must be conspicuous so as to be obvious within the VLOS area. The PIC may use visual observers (VOs) as an operational mitigation; however, the PIC must be able to see the UA throughout the flight. The PIC retains the overall responsibility to see-and-avoid other aircraft.
   19. All operations must utilize the services of at least one or more visual observers (VO). The UA must be operated within the VLOS of the PIC and VO at all times. If either the PIC or a VO is unable to maintain VLOS with the UA during flight, the entire flight operation must be terminated as soon as practicable. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability.
   20. The VO and PIC must be able to communicate verbally at all times. The PIC must ensure that the VO can perform the duties required of the VO. For purposes of this condition, a VO is someone: (1) who maintains effective communication with the PIC at all times; (2) who the PIC ensures is able to see the UA with human vision unaided by any device other than corrective lenses; and (3) coordinates with the PIC to scan the airspace where the UA is operating for any potential collision hazard and maintain awareness of the position of the UA through direct visual observation. The operation must be conducted with a dedicated VO who has no collateral duties and is not the PIC during the flight.
   21. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. In all situations, the PIC is responsible for the safety of the operation. The PIC is also responsible for meeting all applicable conditions and limitations as prescribed in this exemption and ATO-issued COA, when conducting operations, and operating in accordance with the operating documents.
   22. All crew, including the PIC and VOs, must maintain two-way voice communications with each other during operations. If unable to maintain two-way voice communication, the PIC will land the UA in a safe location as soon as the PIC determines it is practicable to do so. If communication occurs by electronic device: the device must be continuous full-duplex; the PIC must be able to use the device hands-free; and the PIC must ensure that there is a reliable back-up communication method. Electronic messaging or texting is not permitted during flight operations. During operations, no person on whom the PIC relies for safe conduct of the operation may engage in communications not relevant to the operation.
   23. Each UA must be controlled by only a single ground control station and one PIC at a time. A PIC may not operate multiple UA at the same time.
   24. All operations must be conducted under visual meteorological conditions (VMC).
   a. The PIC must obtain and use real-time weather information as described in the operating documents.
   b. Each operation may only occur when weather in the area of the operation is reported and forecast to be at least 1,000-foot ceiling and 3 statute mile visibility within 1 hour before and 1 hour after takeoff and landing.
   c. The UA must remain 500 feet below and more than 2,000 feet horizontally from a cloud.
   d. The PIC must land the aircraft as soon as possible if the PIC is unable to comply with the required visibility and cloud clearance requirements.
   25. Operations under this exemption may not be conducted during night, as defined in 14 CFR § 1.1.
   26. All flight operations must be conducted at least 500 feet from all persons who are not directly participating in the operation, and from vessels, vehicles, and structures, unless when operating:
   a. Over or near people directly participating in the operation of the UAS. People directly participating in the operation of the aircraft includeing the PIC, crewmembers, and other consenting personnel whose presence is necessary to ensure the safety of the operation.
   b. Near nonparticipating persons. The aircraft may be operated closer than 500 feet to a person who is not directly participating in the operation only when barriers or structures are present. Such barriers must sufficiently protect the person from the aircraft and from debris or hazardous materials from the aircraft. Under these conditions, the Operator must ensure the person remains under such protection for the duration of the operation. If a situation arises in which the person leaves such protection and is within 500 feet of the aircraft , flight operations must cease immediately in a manner that does not cause undue hazard to any person.
   c. Near vessels, vehicles and structures. Prior to conducting operations within 500 feet of any vessels, vehicles, or structures, the Operator must obtain permission to proceed within 500 feet from a person with authority over such vessels, vehicles or structures. The PIC must first assess the risk of operating closer to those objects and determine that it does not present an undue hazard.
   27. The UA must remain clear and give way to all manned aviation operations and activities at all times.
   28. Operations under this exemption may not occur from any moving vehicle or aircraft.
   29. The PIC may not begin or continue a flight if any global positioning system (GPS) outage, signal fault, integrity issue, Notice to Air Mission (NOTAM) in effect for any part of the planned operational area, or any other condition affects the functionality or validity of the GPS signal.
   30. The PIC must abort the flight operation if circumstances or emergencies arise that could degrade the safety of persons or property. In such cases, the PIC’s termination of flight operations must not cause undue hazard to persons or property.
   31. Accidents or other reportable incidents described in 49 CFR Part 830 must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.
   32. The carriage of property for compensation or hire is strictly prohibited.
   33. This exemption is not valid for operations outside of the United States.

Jonathan Rupprecht

Aviation Attorney. FAA Certificated Commercial Pilot and Flight Instructor (CFI/CFII). Contributor at Forbes.com for Aerospace and Defense.